The House of Representatives amended and gave third reading to H.3526 which requires inmates to engage in work
programs unless they pose a security risk or are physically or mentally incompetent. The bill
revises the manner in
which wages paid to inmates participating in prison industries or other work programs are
divided among programs
for victim restitution and assistance, child support obligations, payment of room and board,
deposit into an escrow
account for the benefit of the prisoner, etc. State and local correctional facilities are authorized
to make use of chain
gangs composed of inmates who have been convicted of nonviolent offenses or who are eligible
for minimum
security detention. The bill establishes a procedure which the Attorney General may use to
secure reimbursement
for inmate care from inmates who have the means to pay. The bill also provides that cable
television must not be
provided to inmates in state and local corrections facilities. Inmates are encouraged to view
educational
programming, and programs of a violent nature are disallowed. The Director of the Department
of Corrections is
charged with performing a study, which must be presented to the General Assembly by January
1, 1998, on the
potential cost savings and efficacy of feeding inmates "meals ready to eat" (MRE's).

The House amended and gave third reading to S.559 ,
ADEPT (Assisting, Developing, and Evaluating Professional
Teaching) which revises evaluation and qualifications of teachers. The bill removes
specific reference to National
Teachers' Exam (NTE) and replaces it with "examinations approved by the State Board for
Certification, " and
eliminates the requirement to use the rating "instrument," the Assessments of Performance in
Teaching (APT) for
evaluating practice teachers and provisional teachers. The bill requires state standards for
teaching effectiveness to
serve as a foundation for assisting, developing, and evaluating professional teaching at all levels;
ADEPT has ten
performance dimensions with competent performance descriptions to serve as the basis for
standards; the plan
maintains flexibility for colleges and universities and for school districts in the processes of
evaluation and
assistance, while for the first time, providing a statewide basis for the evaluation of annual and
continuing contract
teachers; establishes induction programs for all new teachers during induction contract status;
delineates
employment in the first year at the induction contract status with a district retaining the option
for a second year
prior to moving a teacher to annual contract status by placing her or him in the provisional
contract status; does not
change the rate of movement toward a continuing contract(currently a district has the option of
two years at
provisional status and two years at annual status); does not change the grievance status at the
various contract levels;
allows the evaluation of a continuing contract teacher who has consistently good performance to
be an informal
(rather than formal) evaluation; requires all provisional, annual, and continuing contract teachers
who are formally
evaluated (on the 10 performance dimensions) to also develop an individualized professional
growth plan supportive
of school and district strategic plans; provides that the new program begins in colleges and
universities in 1997-98
school year and in school districts in 1998-99 school year; requires the SC Department of
Education to approve the
processes adopted or adapted by higher education institutions and school districts, conduct
periodic evaluations of
implementation, and provide technical assistance. In Amendments, the House also removed
provision allowing a
student a fourth attempt to pass the Education Entrance Examination; revised a provision of the
bill concerning
testing to measure teaching competency, by providing that the State Board of Education shall
adopt nationally
recognized teaching exams for this purpose.

The House tabled H.3995 which allows a county to
qualify for exemption from the Sunday closing laws (Blue Laws)
upon reaching a threshold of $450,000, rather than $900,000, in accommodations tax revenues. The House also
tabled H.3785 which shortens the length of time, from
fifteen days to seven days, during which a homeowner is
required to install, repair or replace a smoke detector after a first violation of the current law
which requires all one
and two family dwellings, including manufactured housing, be equipped with approved and
functioning smoke
detectors.

The House amended Senate amendments to H.3400, the
general appropriation bill, so as to strike Parts I and II and
insert Parts I and II, as passed by the House and inserting House-passed supplemental
appropriations as Part III. The
House also amended the bill so as to charge the Treasurer and Joint Bond Review Committee
with making
recommendations on savings that could be realized by using surplus funds to accelerate
repayment of outstanding
capital improvement bonds or paying cash for projects for which bonds have been authorized,
but not issued. The
House amended Senate amendments to H.3402, the
capital reserve bill, so as to replace the bill with its House-passed version.

The House refused to concur in Senate amendments to H.3101 which pertains to transporting a child as a means of
thwarting custody proceedings or orders. A conference committee was appointed to reconcile
the differences of the
houses. A conference committee was also appointed to resolve differences in H.3065 which pertains to the killing or
molesting of bald eagles.

The House returned S.267 to the Senate with amendment.
The bill raises the civil penalty (from twenty dollars to one
hundred dollars) which the court must impose upon an individual who is duly drawn and
summoned to attend as a
juror, but who, without sufficient excuse, fails to attend. The civil penalty for unexcused
nonattendance for jury
duty in a magistrate's court is raised from ten dollars to one hundred dollars. Additionally, the
bill enhances a
magistrate's ability to punish contempt in his courtroom, authorizing him to impose fines up to
five hundred dollars
and imprisonment up to thirty days (currently, a maximum of twenty dollars/ twelve hours). The
Senate concurred
in House amendments and enrolled the bill for ratification.

The House returned other measures to the Senate with amendments:

S.637, as amended, authorizes the Department of Natural
Resources to issue permits for marine life holding and
propagation facilities if the marine life does not include marine mammals and is used for
experimental, scientific,
educational exploratory, or commercial display purposes.

S.133, as amended, adds a solicitor or assistant solicitor to
the list of individuals authorized to initiate involuntary
admission of a person with mental retardation or a related disability to the Department of
Disabilities and Special
Needs. The Senate concurred in House amendments and enrolled the bill for ratification.

The House gave third reading to several measures:

H.4042 increases penalties for pointing a loaded or
unloaded firearm at an individual when that individual is a law
enforcement officer acting in the line of duty. Rather than the fine and/or maximum five year
imprisonment
provided for other commissions of the felony, violators who threaten a law enforcement officer
must be imprisoned
for not less than ten years nor more than thirty years. No suspension or probation may be
granted for any portion of
the sentence, and an offender is not eligible for parole until he has served at least seven years of
his sentence.

H.3774, as amended, converts the existing maximum
time limits for imprisonment for violations of resisting a law
enforcement officer into mandatory minimum sentences. The bill provides that an individual
who resists or assaults a
law enforcement officer while using a weapon is guilty of a felony and must, upon conviction, be
imprisoned not
less than five years, no portion of which may be suspended, and not more than twenty years.

H.3094, as amended, makes it a felony to assault an
emergency medical service provider, firefighter, or home health
care provider. An offense is punishable with a prison term of up to ten years and/or a fine of not
less than one
thousand dollars and not more than ten thousand dollars.

H.3713 provides that alimony is terminated upon the
continued cohabitation of the supported spouse.

H.4060, as amended, amends the SC Income Tax Act by
requiring that the Department of Revenue provide for and
offer, at the election of the taxpayer, a process for direct deposit to the account of the taxpayer of
an income tax
refund due to the taxpayer because of income tax overpayment. The department must absorb the
costs of
implementation so that there will be no fiscal impact.

H.3715, The Shooting Range Protection Act, provides
restrictions on when owners of property located near a
shooting range may bring nuisance actions for noise for pre-existing, newly-constructed, and
restarted shooting
ranges. County and municipal noise control ordinances may not restrict shooting activities on a
range which was
established before enactment of the ordinance or in compliance with a previous noise control
ordinance.

H.3916 prohibits the purchase, barter, or trade of
unlawfully taken marine products. Penalties are provided.

H.3789, as amended, provides that it is unlawful to take,
catch, possess, land or sell spotted sea trout of less than
thirteen inches in total length. The catch limit on spotted sea trout is ten fish.

H.3891 provides when a deed recording fee is owed by
the grantees and clarifies certain exemptions from the
recording fee.

H.3847, as amended, provides for certain exceptions to
the minimum acreage requirements established for
cemeteries.

SENATE

Bond Bill

The Senate gave third reading and sent to the House H.3694, the Bond Bill. Items included in the Senate-passed
bill which are different from the House-passed bill include: $1,500,000 for SC State University
deferred maintenance ($875,000 in House bill); $2,500,000 for York Technical College (not
included in
House bill); $200,000 for renovations at Williamsburg County Technical College (not included
in House bill);
$51,375,000 for Department of Corrections construction ($54,700,000 in House bill); $3,000,000
for
Department of Commerce airport improvements ($5,000,000 in House bill); and $200,000 for
the Anderson
County Career Center (not included in the House bill).

"Driving" Bill

The Senate continued to add significant amendments to, and then carried over third reading of
S.174,
originally known as the "zero tolerance" bill. The original version of this bill provides for a six
months
suspension of the driver's license of a person under age 21 who, with a blood alcohol content in
excess of
.02%, operates a motor vehicle. The Senate amended the bill by attaching numerous provisions
creating
tougher driving requirements, especially for younger, inexperienced drivers. Some of the
provisions added are
similar to provisions in H.3710, the House-passed
comprehensive driving bill, which is now in the Senate
Judiciary Committee.

Local Government Taxation

The Senate gave third reading and sent to the House S.409, which concerns local government taxation. This
bill allows counties to ask voters to approve local sales taxes for certain authorized projects
(most of which are
for infrastructure). The bill also includes a provision prohibiting a local governing body from
imposing a new
tax unless specifically authorized by the General Assembly; and an authorization for a local
governing body to
impose, by ordinance, a local accommodations tax not to exceed three percent, and a local
hospitality tax not
to exceed two percent of the charges for food and beverages. Ordinances imposing these taxes
must be
adopted by a positive majority of council (actual majority of a council, rather than a majority of
those present).
Section 4-9-55 of the SC Code of Laws currently provides that the General Assembly
may not pass a bill
requiring a county or municipality to spend funds without the State funding the expense, unless
approved by
2/3 vote of each house. S.409 deletes the current exemptions allowing unfunded
mandates in the general
appropriation bill and special appropriations bills. The bill also prohibits a local government
from imposing
real estate transfer fees or taxes unless the General Assembly expressly authorizes by general
law the
imposition of the fee or tax.

"C" Funds

The Senate also gave third reading to H.3450. This bill
provides that all interest earnings on the County
Transportation Fund must be credited to counties in the ratio that the county's annual distribution
is of the
total of such distributions statewide, and these distributions shall not include counties that
administer their
own "C" funds. Current law provides that these interest earnings are credited to the State
Highway Fund.

The Education and Public Works Committee reported favorable with amendment on H.3424. This bill
provides that students in grades nine through twelve must have an overall "C" average in the
preceding
semester and must have passed at least four academic courses, including each unit the student
takes that is
required for graduation, in order to participate in interscholastic activities. The bill also adds a
provision that
each school district shall provide academic assistance for students who wish to participate in
interscholastic
activities, but who have not maintained a "C" average in the preceding semester. The committee
amended the
bill to provide that students must have a "75" average rather than a "C" average. Current law
provides that
these students must have an overall passing average and must either pass at least four academic
courses
(including each unit the student takes that is required for graduation) or pass a total of five
academic courses
during a specified semester (depending on when the scholastic activity occurs).

JUDICIARY

The Judiciary Committee gave a majority favorable, minority unfavorable, report to S.251 which provides that
the state executive committee hear protests and contests of State Senate and State House
elections. The State
Election Commission must pay for the cost of the court reporter and transcript for state executive
committee
hearings of protested and contested elections.

The committee gave a report of favorable with amendment to S.456 which pertains to the domestication of a
foreign adoption of a foreign child. Under the committee amendment, the court may, in all cases
where
documentation is found to be satisfactory, transmit the certificate of adoption to the state
registrar along with
an order that a hearing will not be necessary. Court Administration is required, in consultation
with the
Department of Health and Environmental Control, to prepare and make available adoption forms
and
guidelines for obtaining the domestication of a foreign adoption.

The committee reported favorably on H.3857 which
removes from the Ombudsman in the office of the
Governor and assigns to the Department of Social Services the authority to investigate
allegations of abuse
and neglect occurring in health facilities licensed by the Department of Health and
Environmental Control or
operated by the Department of Mental Health. DSS is granted powers provided for the
investigation of abuse
and exploitation of vulnerable adults.

The committee gave a report of favorable with amendment to H.3874 which addresses situations where it is
necessary for a property owner to enter another's land in order to improve, repair or maintenance
on his own
property. As introduced, the bill provides for exemptions from trespass for such situations. The
committee
amendment, however, completely rewrites the bill, providing that in such situations where
permission for
necessary entry into adjoining land has been denied, the property owner wishing to make
improvements/repairs/maintenance may petition the circuit court for a temporary, limited license
to enter the
adjoining property. Such a petition may not be filed before a good faith effort has been made to
obtain
permission to enter the adjoining property.

The committee gave a report of favorable with amendment to H.3971 which overhauls the state's probate
code.

The committee reported favorably on S.40 which provides
that records, reports, applications, and files kept on
clients and potential clients of the Continuum of Care for Emotionally Disturbed Children are
confidential. Such information may only be disclosed under court order, upon consent of client or guardian, or
under other
specified conditions. An individual who improperly discloses such information is guilty of a
misdemeanor
and subject to a fine of not more than five hundred dollars and/or imprisonment for not more
than one year.

The committee gave a favorable report to S.397 which
provides that the consent of a municipality must be
obtained prior to the creation of a multi-county industrial park if the proposed park encompasses
all or a
portion of the municipality.

The committee tabled two bills. H.3865, the "South
Carolina Garnishment Act of 1997," provides the right to
a writ of garnishment for a person who has recovered judgment in court against another person. H.3994
provides that breast feeding may not be considered indecent exposure.

LABOR, COMMERCE AND INDUSTRY

The House Labor, Commerce and Industry Committee gave a report of favorable with
amendment to H.3792
which provides that all workers' compensation insurers who write coverage in the state's
voluntary market
must participate in the residual market mechanism (assigned risk pool) and pay their
assessments, if any. An
amendment establishes a procedure by which the Insurance Director may defer assessments in
cases where
their payment would render an insurer insolvent or at risk of insolvency. A procedure is
established by an
insurer repays deferred assessments.

The committee gave a report of favorable with amendment to S.458 which, in response to market pressures
imposed by the Federal Health Insurance Portability and Accountability Act of 1996, provides
certain
additional flexibility in the rates which may be charged in the small group health insurance
market. The
committee amendment authorizes a deduction from state taxable income for amounts paid for
health insurance
premiums by self-employed individuals which were not deducted on the taxpayer's federal
income tax return.

The committee gave a report of favorable with amendment to S.452 which eliminates requirements that the
state's property and casualty insurers submit to the Department of Insurance loss and expense
experience
reports. The information submitted in the reports is available to the Department of Insurance via
the database
maintained by the National Association of Insurance Commissioners. Instead of the routine
reporting
currently required, the legislation provides that the Department of Insurance may require reports
of loss and
expense experience at the discretion of the director.

The committee reported favorably on S.451 . Under
current law an individual or group health insurance
policy or health maintenance organization (HMO) is prohibited from: (1) preventing or limiting
an insured
individual from selecting a pharmacy or pharmacist of his choice when the pharmacist or
pharmacy has agreed
to participate in the insurance plan according to the terms offered by the insurer; (2) denying a
pharmacy or
pharmacist the ability to participate as a provider of pharmaceutical services under the plan, if
the pharmacy or
pharmacist meets the terms and requirements of the policy and agrees to the terms of
reimbursement set forth
by the insurer. The bill repeals the "sunset" provision under which these prohibitions expire
May 18, 1997.

The committee gave a report of favorable with amendment to H.4082 which provides that it is unlawful for an
entity to change a customer's utility provider without the customer's authorization. A violator is
subject to a
fine of not less than one hundred dollars and not more than one thousand dollars for each
violation. A violator
is liable to the customer for all charges incurred by the customer, in excess of those normally
incurred through
his designated provider, during the period of the unauthorized change.

The committee gave a favorable report to H.3966 which
revises the Underground Utility Damage Prevention
Act by, among other things, reducing from three to two the number full working days required
for serving
notice of impending excavation or demolition. The bill also provides that an individual who
damages an
underground utility belonging to a utility who is not a member of an association for mutual
receipt of notice is
not liable for civil penalties or personal property damage if the person who damaged the utility
gave proper
notice to the association for mutual receipt of notice.

The committee reported favorably on S.303 which
provides that in situations where a contractor or
subcontractor falsely represents himself as having worker's compensation insurance when
engaging in work
for a higher tier subcontractor, contractor, or project owner or when a contractor or subcontractor
fails to
notify that employer within five days of a lapse in his coverage, these actions of the contractor or
subcontractor constitute fraud. In such situations, the higher tier subcontractor, contractor, or
project owner is
relieved of liability.

The committee also authorized up to six public hearings to be held during the interim for the
purpose of
discussing H.3414, the South Carolina Competitive
Power Act.

H.4160DEPARTMENT OF TRANSPORTATION
COMMISSIONERS Rep. Fleming
This bill provides that all counties within a Department of Transportation district must have a
resident commission member before any other county in that district may have a resident
commission member for a second or subsequent time without each county in the district first
having a resident commission member in the interval.

MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

H.4149HEARING AID SPECIALISTS Rep.
Lanford
This bill states that the powers, duties, functions, and responsibilities of the Department of
Health and Environmental Control in regard to the "Practice of Specializing in Hearing Aids
Act" are devolved upon the Department of Labor, Licensing and Regulation.

WAYS AND MEANS

S.531 CHILD SUPPORT, FAMILY INDEPENDENCE
PROVISIONS, ETC. Sen. Martin
S.531, the companion bill to H.3650, amends
numerous sections of current law concerning child
support and public aid and assistance, and adds, deletes, and repeals other provisions to conform
to the Family Independence Act of 1995. Current provisions which are revised in the bill
include, but are not limited to procedures for collection of child support; procedures to assure
that payment of aid to dependent children is used in the best interests of the child; procedures
relating to job training for, and the employment of, welfare recipients; and asset limits for
recipients of public assistance.

FOOTNOTE

The Legislative Update is on the Worldwide Web. Visit the South Carolina General Assembly
Home Page
(WWW.LPITR.STATE.SC.US) and click on the "Quick Find Guide." On the next screen, click
on "Legislative
Update." This will list all of the Legislative Updates by date. Click on the date you need.